Following proposals outlined by Professor Alexis Jay, the Ministry of Justice have revealed the three-year time limit for child sexual abuse victims to sue for damages will be removed.
Currently, in England and Wales, individuals who have been subjected to child sexual abuse have three years from the point of turning 18 to bring their claim forward, unless the victim can prove a fair trial can proceed despite the time lapse.
However, as a result of proposals outlined in the Independent Inquiry into Child Sexual Abuse (IICSA) – an inquiry that was launched in 2022 by Professor Alexis Jay – the time limit is now set to be removed.
The IICSA reported that a ‘significant number’ of cases were being unfairly rejected because it could take ‘decades for survivors to feel able to discuss their sexual abuse’.
In addition, the rule that places the burden of proof on victims’ shoulders will be placed on defendants, who must show a fair trial cannot proceed should they decide to block one.
It is understood the reforms will be part of bills to be brought before parliament within the next 12 months.
Meanwhile, the Law of Apologies is also set to be amended to encourage employers to show remorse for the actions of current or former employees, so victims would be more likely to receive apologies from institutions like schools, care facilities or hospitals.
‘Child sexual abuse causes lifelong trauma and these important changes, recommended by Professor Jay, are long overdue,’ Lord Chancellor Shabana Mahmood said. ‘These measures help survivors pursue their path to justice. They build on the government’s mission of halving violence against women and girls and support out Plan for Change.’
Echoing a similar tone, Gabriella Shaw, chief executive of the National Association for People Abused in Childhood (NAPAC), remarked: ‘This is a watershed moment for survivors of child sexual abuse. These reforms recognise the long-term impact of trauma and ensure survivors are not excluded from seeking redress simply because of the time taken to come forward.
‘NAPAC also welcomes greater clarity on apologies. A sincere apology, when freely given and supported by meaningful action, is invaluable – especially as part of wider efforts to ensure accountability and prevent future harm.’
On the subject of apologies, Sarah Erwin-Jones, partner specialising in abuse and assault claims at law firm Brown Jacobson, has welcomed the changes but also also warned organisations ‘of all shapes and sizes’ should be prepared.
‘In recent years, we have seen an increase in claimants pursuing organisations that are deemed to be vicariously responsible for sexual and violent abuse, particularly where alleged perpetrators have not been convicted and deny any offence,’ she said.
‘What difference the government’s proposal to remove the three-year time limit for claimants to sue for damages will have on successful claims remains to be seen, given that the existing legislation already gives courts the discretion to allow a claim to proceed out of time.
‘In my experience, the statute of limitation is not used by employers and insurers as a desperate last line of defence, but where there is a real risk of prejudice to defendants. This is often due to a genuine evidence gap that links a victim with the setting and perpetrator where alleged historical abuse has taken place.’
‘This argument is reflected in data from the Insurance and Reinsurance Legacy Association, which shows that out of 1,336 claims received by insurers in the past five years, only 14 cases were taken to trial on issues that included time limitation. The limitation defence then successful in 11 of these cases,’ Sarah added. ‘By changing the law regarding this time limit, we may see a rise in claims from people who have previously been denied in their claims, which means organisations of all shapes and sizes should ensure they are adequately prepared.’
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